Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:23646 CRL.P No. 3026 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3026 OF 2024 BETWEEN:
1.
SMT. PRATHIMA A REDDY W/O SRI. C. ANANDA REDDY, AGED ABOUT 42 YEARS, R/AT NO.82, ANANDA NILAYA, ROYAL HERMITAGE 5TH CROSS, BANNERGHATTA ROAD, GOTTIGERE, BENGALURU SOUTH TALUK, BENGALURU - 560 083.
2.
SRI. R. NARESH BABU S/O SRI. M. RAMA REDDY, AGED ABOUT 44 YEARS, NO.911, SHRI KSHETRA COMPLEX, 28TH MAIN, 39TH CROSS, ABOVE KARNATAKA BANK, JAYANAGARA 9TH BLOCK, BENGALURU-560 069.
3.
SRI. C. ANAND REDDY S/O SRI. CHINNA SWAMY REDDY, AGED ABOUT 50 YEARS, NO.911, SHRI KSHETRA COMPLEX, 28TH MAIN, 39TH CROSS, ABOVE KARNATAKA BANK, JAYANAGARA 9TH BLOCK, BENGALURU-560 069. …PETITIONERS (BY SRI. RAMESH GOWDA M.K., ADVOCATE (ABSENT)) AND:
1.
STATE OF KARNATAKA BY THILAKNAGAR P.S.,
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:23646 CRL.P No. 3026 of 2024
REP BY THEIR STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01.
2.
SMT. K. SHARADA AGED ABOUT 70 YEARS, W/O SRI. BALACHANDRA IYER R/AT NO.1633, 12TH MAIN, 6TH CROSS, HAL 3RD STAGE, BENGALURU - 560 008.
3.
SRI. BALACHANDRAN IYER AGED ABOUT 74 YEARS, S/O MR. RAJAGOPAL N.
R/AT NO.1633, 12TH MAIN, 6TH CROSS, HAL 3RD STAGE, BENGALURU - 560 008. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR RESPONDENT NO.1;
SMT. K. SHARADA, RESPONDENT NO.2 (PARTY-IN-PERSON);
SRI. BALACHANDRAN IYER, RESPONDENT NO.3 (PARTY-IN-PERSON))
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO CALL FOR THE ENTIRE RECORDS IN CRIME NO.87/2022 IN P.C.R.
NO.7010/2022 (C.C.NO.23694/2023) PENDING ON THE FILE OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.87/2022 IN P.C.R.
NO.7010/2022 (C.C.NO.23694/2023) VIDE ANNEXURE-A REGISTERED BY THE 1ST RESPONDENT POLICE PENDING ON THE FILE OF THE IV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC:23646 CRL.P No. 3026 of 2024
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, the petitioners seek the following reliefs:
"(a) Call for the entire records in Crime No.87/2022, in P.C.R. No.7010/2022 (C.C.No.23694/2023) pending on the file of the IV Additional Chief Metropolitan Magistrate at Bengaluru. (b) Pass order quashing the entire proceedings in Crime No.87/2022 in P.C.R. No.7010/2022 (C.C.No.23694/2023) Vide Annexure-A, registered by the 1st respondent police pending on the file of the IV Additional Chief Metropolitan Magistrate at Bengaluru, in the interest of justice. (c) Pass such other relief or reliefs as this Hon'ble Court deems fit to grant in the circumstance of the case, in the interest of justice and equity."
2. A perusal of the order sheet will indicate that the petitioners and their counsel remained absent on 02.05.2025 as well as on 10.06.2025 on which dates, the following order/s was/were passed: 02.05.2025
"Party-in-Person/respondent No.2 is present before the Court. At request, list this matter on 10.06.2025.
- 4 -
HC-KAR NC: 2025:KHC:23646 CRL.P No. 3026 of 2024
Interim order granted earlier is extended till next date of hearing." 10.06.2025
"Respondent Nos.2 and 3/party-in-persons are present.
Learned counsel for the petitioners remained absent though the matter was called out twice.
List this matter on 02.07.2025 at 2.30 p.m.
It is made clear that interim order granted earlier is not extended till the next date of hearing."
3. Even today, the petitioners nor their learned counsel are present while the respondent Nos.2 and 3 / party-in-persons are present.
4. In view of the aforesaid facts and circumstances and continuous absence of the petitioners and their learned counsel, I am left with no option but to dismiss the petition for non- prosecution.
5. The petition is dismissed for non-prosecution.
- 5 -
HC-KAR NC: 2025:KHC:23646 CRL.P No. 3026 of 2024
6. In view of the fact that respondent Nos.2 and 3 are senior citizens and the proceedings in C.C. No.23694/2023 are pending from a long time, I deem it just and appropriate to direct the Trial Court to dispose of C.C. No.23694/2023 within a period of three months from the date of receipt of a copy of this order.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SMA List No.: 3 Sl No.: 15